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Balodimas v. Duncan

United States District Court, S.D. Illinois

May 21, 2014

CHRISTOPHER BALODIMAS, No. R54015, Plaintiff,
v.
STEVE B. DUNCAN, and C/O McCORMICK, Defendants.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

Plaintiff Christopher Balodimas, an inmate in Lawrence Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983, based on race-based name-calling, harassment and discrimination.

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for Dismissal.- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.

The Complaint

According to the complaint, on March 8, 2014, Defendant C/O McCormick questioned whether Plaintiff was going out to the gym when his privileges had been revoked. Plaintiff informed McCormick that his gym and yard privileges had been restored, but McCormick replied, "You're a [f'ing] liar and I got your white/nigger ass next week." Plaintiff secured documentation indicating that his gym/yard privileges had been restored. When he attempted to show McCormick the information, McCormick asserted in not so subtle terms that he had contradictory information and that Plaintiff's documentation did not mean anything. Plaintiff was told to "move his black ass" out of McCormick's office. When Plaintiff continued to question why McCormick would not admit that he had been mistaken, McCormick replied, "Tough shit, nigger, and I am at your ass."

On March 15, 2014, when Plaintiff attempted to leave his cell to go to the gym, McCormick told him to lock up. McCormick then refused Plaintiff's request to speak to a supervisor, referring to Plaintiff as a "monkey-ass nigger." Plaintiff felt humiliated and disrespected.

On March 22, 2014, Plaintiff again attempted to leave his cell for gym and McCormick made him wait while inmates were counted. McCormick stated, "nigger, you owe me from last weekend." Plaintiff proceeded to head to the gym and, as he passed McCormick, McCormick smiled and commented, "I got your nigger ass."

At an unspecified time-presumably while Plaintiff was in the gym-McCormick was in Plaintiff's cell. When Plaintiff returned, there were clothes and personal belongings all over the floor; Plaintiff's television was broken, and items were missing.

According to the complaint, Assistant Warden of Operations, defendant Steve B. Duncan, is legally responsible for the operation of Lawrence Correctional Center and the welfare of its inmates. Duncan was made aware of what was occurring, having been sent notice in April that Plaintiff had requested the ...


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